Idaho Code > Title 22 > Chapter 20 – Idaho Plant Pest Act of 2002
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Terms Used In Idaho Code > Title 22 > Chapter 20 - Idaho Plant Pest Act of 2002
- Acceptable level: means the probable level of harm that is so low that the imposition of phytosanitary requirements is not required; or the probable level of harm that the trade partners agree to achieve through or by the imposition of pest risk mitigation measures or strategies and accept for continued trade when confirmed by phytosanitary certification of specified host commodities. See Idaho Code 22-2005
- Agent: means any person who on behalf of any other person receives on consignment, contracts for, or solicits for sale on commission, any plant product from a producer of such product, or who negotiates the consignment or purchase of any plant product on behalf of any other person. See Idaho Code 22-2005
- Agriculture: means the production of plants. See Idaho Code 22-2005
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appliance: means any box, tray, container, ladder, tent vehicle, implement or other article which is, or may be, used in connection with the growing, harvesting, handling or transportation of any agricultural commodity. See Idaho Code 22-2005
- Area: means any political division or subdivision or any officially defined area including adjacent parts of contiguous political divisions or subdivisions. See Idaho Code 22-2005
- Certificate: means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares or verifies that an article, nursery stock, plant product, shipment or any other officially regulated article meets phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or other set of legal requirements. See Idaho Code 22-2005
- Certification: means the official act of affirming, declaring or verifying compliance with phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or any other set of legal requirements. See Idaho Code 22-2005
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Control: means abatement, suppression, containment or eradication of a pest population. See Idaho Code 22-2005
- Control order: means a written directive from the director requiring the control of a pest. See Idaho Code 22-2005
- Conveyance: means a method of transportation. See Idaho Code 22-2005
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Crop management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005
- Crop seed: means the seed or seedlike fruit of grain, beans, flax, beets, onions or any other crop whether or not it is intended for planting purposes. See Idaho Code 22-2005
- Department: means the Idaho state department of agriculture. See Idaho Code 22-2005
- Director: means the director of the Idaho state department of agriculture or his duly authorized representative. See Idaho Code 22-2005
- Economically unacceptable impact: means that level of adverse economic impact which is identified and defined for plants for planting by a duly authorized federal or state plant protection organization. See Idaho Code 22-2005
- Endangered area: means continent, region, country, state, county, province, municipality or any other delineated political or otherwise lawfully constituted geographic area which has been officially identified for protection from injurious pests not already present. See Idaho Code 22-2005
- Eradication: means elimination of a pest based on absence determined by a negative, mutually agreed upon verification survey for the target pest. See Idaho Code 22-2005
- Free from: means that either a valid detection survey has been performed or there is no published record showing that a specific pest is present; or that the article, nursery stock, plant, plant product or any other regulated article has been visually inspected or tested in accordance with specified requirements and that no live life stage of the regulated pest(s) was found. See Idaho Code 22-2005
- Grain: means any crop seed intended for human or animal consumption. See Idaho Code 22-2005
- Hold order or stop sale: means any written directive issued by the director to a person who owns or controls any appliance, article, nursery stock, plant, plant product or any other article that has been determined to be, or likely to be, infested with regulated pest(s) or otherwise not in compliance with this chapter or rules promulgated hereunder, prohibiting movement from one location to another, except as otherwise prescribed in the directive. See Idaho Code 22-2005
- Host: means any appliance, article, commodity, nursery stock, plant, plant product or any other item which may or may not be capable of transporting a pest from one place to another. See Idaho Code 22-2005
- Infected: means a plant that has been determined by the department to be contaminated with an infectious, transmissible, or contagious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
- Infested: means a plant that has been determined by the department to be contaminated by a plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. See Idaho Code 22-2005
- Investigator: means any person duly authorized by the director to perform any required regulatory activity. See Idaho Code 22-2005
- Lien: A claim against real or personal property in satisfaction of a debt.
- Limited distribution: means a pest known to occur in the state, but with a limited distribution to a single small geographic area or a few small geographic areas which are widely separated within the state. See Idaho Code 22-2005
- Management area: means that area in which certain specified crop management practices are required. See Idaho Code 22-2005
- Mark: means , for purposes of identification or separation, the department may affix a conspicuous official indicator to, on, around or near, plants or plant material known, or suspected to be, infected or infested with a plant pest. See Idaho Code 22-2005
- Move: means to ship, offer for shipment, receive for transport, carry or, in any manner whatsoever, relocate a regulated article from one place to another. See Idaho Code 22-2005
- Nursery stock: means all plants or any part thereof, such as aquatic or herbaceous plants, bulbs, sod, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs, vines, and plants collected in the wild that are grown or kept for propagation or sale. See Idaho Code 22-2005
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Official: means authorized, implemented and directed, or performed by a government plant protection organization. See Idaho Code 22-2005
- Officially controlled: means the conduct, by an official government plant protection organization, of eradication or intensive suppression activity including various treatments, quarantine and other measures with the goal of eliminating an isolated infestation or prevention of further spread within the endangered area. See Idaho Code 22-2005
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means the person, with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this chapter are to be found, or the person who is in possession of, in proprietorship of, or has responsibility for the regulated articles. See Idaho Code 22-2005
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Permit: means any official document that allows the movement of any regulated article from one location to another in accordance with specified conditions or requirements and for a specified purpose. See Idaho Code 22-2005
- Person: means , but is not limited to, any individual, partnership, corporation, company, firm, society, association, organization, government agency or any other entity. See Idaho Code 22-2005
- Pest: means any insect, snail, rodent, nematode, fungus, virus, bacterium, microorganism, mycoplasma-like organism, weed, plant, or parasitic higher plant and any other pest as defined by rule or any of the following that is known to cause damage or harm to agriculture or the environment:
Idaho Code 22-2005Phytosanitary: means plant health. See Idaho Code 22-2005 Phytosanitary measures: means any growing season or postharvest treatment or any other method (tactic) or strategy (combination of methods or tactics) specified in a quarantine to reduce pest risk to an acceptable level. See Idaho Code 22-2005 Plant: means any part of a plant, tree, aquatic plant, plant product, plant material, shrub, vine, fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, also including:
Idaho Code 22-2005Plants for planting: means any part of a plant that is intended to be planted. See Idaho Code 22-2005 Preclearance: means an agreement between quarantine officials of exporting and importing states or countries to pass plants through quarantine by allowing the exporting state or country to inspect the plants preshipment, rather than the importing state or country inspecting the shipment upon arrival. See Idaho Code 22-2005 Property: includes both real and personal property. See Idaho Code 73-114 Public nuisance: means any premises, plant, appliance, conveyance or article which is infected or infested with any plant pest that may cause significant damage or harm, or premises where any plant pest is found. See Idaho Code 22-2005 Quarantine: means a restriction imposed by a duly authorized plant regulatory agency whereby the production, movement or existence of plants, or any other article or material, or the normal activity of persons, is brought under regulation, in order that the introduction or spread of a pest may be prevented or limited, or in order that a pest already introduced may be controlled or eradicated, thereby reducing or avoiding losses that would otherwise occur through damage done by the pest or through continuing cost of control measures. See Idaho Code 22-2005 Quarantine pest: means a pest of economically unacceptable impact to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled. See Idaho Code 22-2005 Registration: means the official recording of a growing location, person, plant, sales location or any other item or place as one that has met specified requirements and therefore eligible for a particular activity, operation or purpose. See Idaho Code 22-2005 Regulated article: means any item the movement of which is governed by a quarantine or any other rule. See Idaho Code 22-2005 Regulated nonquarantine pest: means a nonquarantine pest whose presence affects the intended use of plants with an economically unacceptable impact. See Idaho Code 22-2005 Shipment: means anything which is, may be, or has been transported from one place to another. See Idaho Code 22-2005 Significant damage or harm: means that level of economic impact that results in damage, injury or loss that exceeds the cost of control for a particular crop. See Idaho Code 22-2005 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 State quarantine: means a rule promulgated pursuant to state authority that identifies a pest or pests and imposes requirements for certification of regulated articles as being in compliance with specified restrictions or requirements for pest freedom. See Idaho Code 22-2005 Summons: Another word for subpoena used by the criminal justice system. Suppressive area: means a plant pest infested area where phytosanitary measures are being applied to reduce the plant pest population and thereby limit the spread of the pest. See Idaho Code 22-2005 Survey: means the systematic search for pests in accordance with mutually agreed upon methods designed to assure confidence in their meaning and accuracy for pest prevention purposes such as control, verification of pest-free areas, identification of possible harm, evaluation of probability of harm, and taking appropriate actions to prevent predicted significant harm. See Idaho Code 22-2005